Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3071 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to human services; modifying home care nursing hardship criteria;
3	3	1.3 amending Minnesota Statutes 2024, section 256B.0654, subdivision 4.
4	4	1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5	5	1.5 Section 1. Minnesota Statutes 2024, section 256B.0654, subdivision 4, is amended to read:
6	6	1.6 Subd. 4.Hardship criteria; home care nursing.(a) Payment is allowed for extraordinary
7	7	1.7services that require specialized nursing skills and are provided by parents of minor children,
8	8	1.8family foster parents, spouses, and legal guardians who are providing home care nursing
9	9	1.9care under the following conditions:
10	10	1.10 (1) the provision of these services is not legally required of the parents, spouses, or legal
11	11	1.11guardians;
12	12	1.12 (2) the services are necessary to prevent hospitalization of the recipient; and
13	13	1.13 (3) the recipient is eligible for state plan home care or a home and community-based
14	14	1.14waiver and one of the following hardship criteria are met:
15	15	1.15 (i) the parent, spouse, or legal guardian resigns from a part-time or full-time job to
16	16	1.16provide nursing care for the recipient;
17	17	1.17 (ii) the parent, spouse, or legal guardian goes from a full-time to a part-time job with
18	18	1.18less compensation to provide nursing care for the recipient;
19	19	1.19 (iii) the parent, spouse, or legal guardian takes a leave of absence without pay to provide
20	20	1.20nursing care for the recipient; or
21	21	1Section 1.
22	22	25-04786 as introduced03/10/25 REVISOR AGW/KR
23	23	SENATE
24	24	STATE OF MINNESOTA
25	25	S.F. No. 3071NINETY-FOURTH SESSION
26	26	(SENATE AUTHORS: WESTROM)
27	27	OFFICIAL STATUSD-PGDATE
28	28	Introduction and first reading03/27/2025
29	29	Referred to Human Services 2.1 (iv) because of labor conditions, special language needs, or intermittent hours of care
30	30	2.2needed, the parent, spouse, or legal guardian is needed in order to provide adequate home
31	31	2.3care nursing services to meet the medical needs of the recipient.
32	32	2.4 (b) Home care nursing may be provided by a parent, spouse, family foster parent, or
33	33	2.5legal guardian who is a nurse licensed in Minnesota. Home care nursing services provided
34	34	2.6by a parent, spouse, family foster parent, or legal guardian cannot be used in lieu of nursing
35	35	2.7services covered and available under liable third-party payors, including Medicare. The
36	36	2.8home care nursing provided by a parent, spouse, family foster parent, or legal guardian must
37	37	2.9be included in the service agreement. Authorized nursing services for a single recipient or
38	38	2.10recipients with the same residence and provided by the parent, spouse, family foster parent,
39	39	2.11or legal guardian may not exceed 50 percent of the total approved nursing hours, or eight
40	40	2.1212 hours per day, whichever is less, up to a maximum of 40 60 hours per week. A parent
41	41	2.13or parents, spouse, family foster parent, or legal guardian shall not provide more than 40
42	42	2.1460 hours of services in a seven-day period. For parents, family foster parents, and legal
43	43	2.15guardians, 40 60 hours is the total amount allowed regardless of the number of children or
44	44	2.16adults who receive services. Nothing in this subdivision precludes the parent's, spouse's, or
45	45	2.17legal guardian's obligation of assuming the nonreimbursed family responsibilities of
46	46	2.18emergency backup caregiver and primary caregiver.
47	47	2.19 (c) Notwithstanding any law or rule to the contrary, a parent, spouse, family foster parent,
48	48	2.20or legal guardian providing services under this subdivision may be employed by more than
49	49	2.21one home care nursing agency.
50	50	2.22 (c) (d) A parent, family foster parent, or a spouse may not be paid to provide home care
51	51	2.23nursing care if:
52	52	2.24 (1) the parent or spouse fails to pass a criminal background check according to chapter
53	53	2.25245C;
54	54	2.26 (2) it has been determined by the home care nursing agency, the case manager, or the
55	55	2.27physician, advanced practice registered nurse, or physician assistant that the home care
56	56	2.28nursing provided by the parent, family foster parent, spouse, or legal guardian is unsafe; or
57	57	2.29 (3) the parent, family foster parent, spouse, or legal guardian does not follow physician,
58	58	2.30advanced practice registered nurse, or physician assistant orders.
59	59	2.31 (d) (e) For purposes of this section, "assessment" means a review and evaluation of a
60	60	2.32recipient's need for home care services conducted in person. Assessments for home care
61	61	2.33nursing must be conducted by a registered nurse.
62	62	2Section 1.
63	63	25-04786 as introduced03/10/25 REVISOR AGW/KR 3.1 EFFECTIVE DATE.This section is effective July 1, 2025, or upon federal approval,
64	64	3.2whichever is later. The commissioner of human services shall notify the revisor of statutes
65	65	3.3when federal approval is obtained.
66	66	3Section 1.
67	67	25-04786 as introduced03/10/25 REVISOR AGW/KR